Search This Blog

Subscribe To

Search This Blog

Total Pageviews

Wednesday, February 20, 2013

As if divorce isn't hard enough, it can be even more complicated when you are trying to work out custody of an adopted child. Adoption often makes the situation emotionally more difficult for the child, and may make you concerned about what your rights are.

Legal Rights

If you and your spouse adopted your child together, or if one of you did a step-parent adoption, you may be wondering how the adoption impacts custody. Technically, it doesn't. If you are both legal parents, you both have equal rights in the eyes of the court. If one of you is also a biological parent though, there's a good chance the court will take that fact into consideration when making a decision. It's unlikely a court would award custody to a step-dad who recently adopted the child over her bio mom, however it is possible because the decision is always made based on what is in the best interests of the child. If the bio mom is shown to be a poor parent, custody could certainly be given to the adoptive father.

Children are the innocent victims of divorce. They become the center of battles over child custody, support, and visitation. Worst of all, the lines are drawn between the two people they love the most - Mom and Dad.

Divorce affects a child in ways that parents don't always consider. They face losing the only lifestyle that they've ever known. In it’s place are week-end visits with Dad, living with a stressed out Mom, and having reduced resources for everything they used to do. You can't change this fact, but you can give your children unconditional love and support to help ease their adjustments.

Tuesday, February 19, 2013

Children are more capable of adapting to parental separation if their parents function effectively. Each parent will develop his or her own style of parenting, and each parent should be tolerant of the other’s parenting style with respect to that parent’s ability to make day-to-day decisions when the children are with him or her.

You may have decided to call your marriage quits, but is your child ready for it? Are you ready to tell your child about the legal separation? Of course not! The thought of telling your child about the divorce is definitely unnerving one. It can make you anxious and tongue-tied, but telling your child the news as soon as possible is also important. The worst part about breaking this news is, informing your children about their future home and the single parent who will be looking after them. So, when everything around you is so stressful, what is the best way to tell your kids about divorce? Children often blame themselves for parents parting ways. It takes them a while to come to terms with the fact of living with only one parent. However, if the process of divorce is conveyed to kids by you and your spouse, before the divorce it will help in salvaging your bond with your kids.

Monday, February 18, 2013

Renee Marcelle is highly skilled in assisting parties with mediating their dissolutions. She has completed over 40 hours in mediation training and 16 hours in advanced mediation training.

How does divorce mediation work when you don’t even want to be in the same room as your soon-to-be ex-spouse? Mediators have specific skill sets to get people to communicate who can’t stand each other so they can make important life-altering decisions. A mediator can take some of the drama out of the divorce, keep you focused on the issues at hand and allow you to move forward. You may never have to be in the same room again with your ex-spouse, if you so desire. Tolerating a little bit of face-to-face negotiations during mediation can go a long way towards not contending with him/her for the rest of your life. Agreements made during mediation tend to be followed and couples tend to not return to court to amend any agreements. So, deal with him/her now and you won’t have to face him/her down the road again.

Divorce is traumatic, and the broken relationship signals the loss of all your commitments and promises you had made together for your future. You may or may not have wanted it to happen, but the chain of agonizing events it triggers can be hard to deal with. When you got married, you always thought you would spend the rest of your lives together. Never once did you believe that the union would end in a bitter breakup. But life doesn't always turn out to be a bed of roses. Divorce can be all the more painful when children are involved, for them the absence of a parent from their lives can be very hard. A negative outcome of divorce can be insecurity and the inability to put your faith in the persons you love. This means harboring a twinge of resentment in your heart, and keeps you from opening up to the people who want to help you out in your time of need. This will only plunge you deeper into depression and not help you in getting on with life.

As much as we all hope for a carefree life, there are going to be events that change life forever. Nothing stays the same, change is inevitable; but sometimes the change is unexpected and unpleasant. It might be just a move to another town or country; it might be a divorce, or death of a spouse or child. How can we cope with this type of change and organize a whole new way of life?

When love does not endure, the inevitable question arises: Is it time to break up? In the United States the divorce rate tells us that about 50% of all married couples at some point do untie the knot. But as anyone who’s ever done it knows, breaking up really is hard to do, which is why so many people lie, cheat, and suffer to avoid it. The Normal Bar confirms this, showing that a quarter of partners are anywhere from unhappy to extremely unhappy in their relationships, yet they continue year after year, telling themselves, “This is as good as I’m going to get,” or “This is just the way it is.” These people may be unhappier than they need to be, since even a devitalized or disappointing relationship can be made better—a lot better.

Divorce can be one of the most stressful events in life, second only to a spouse dying. In fact, a divorce can become such a complicated and nasty affair that many people have joked that a spouse dying is a less stressful event because at least you don't have to fight the deceased in court!

The point to be made here is that during this time of stress and duress we are no longer thinking with our brains, but instead with our hearts. Normally a pure heart will win the day, but a heart which is ruled by the pain, sadness and anger of a divorce will exhibit pure emotion -- often in an illogical and dangerous fashion.

Wednesday, February 6, 2013

Divorce is an emotionally draining situation. The worst nightmare comes true when you have to inform your kids about the legal separation. The best way to tell your kids about divorce is to be honest with them, because rest assured, they are already aware about the underlying tension between their parents...

You may have decided to call your marriage quits, but is your child ready for it? Are you ready to tell your child about the legal separation? Of course not! The thought of telling your child about the divorce is definitely unnerving one. It can make you anxious and tongue-tied, but telling your child the news as soon as possible is also important. The worst part about breaking this news is, informing your children about their future home and the single parent who will be looking after them.

It can cause insecurity, anxiety, fear, sleeplessness, depression, and can occupy your thoughts and mind all hours of the day and night. You begin to speculate: What did I do to drive him/her them away? Did I love him/her them enough? Did I smother him/her? Will I ever trust him/her again? Will our relationship ever be the same? What does the other person have that I don't? After a while your health can suffer and your performance at work can suffer.

And then it starts to affect others. Your children can become aware that something is wrong with Mommy and Daddy, and they too can feel insecurity, anxiety, fear, sleeplessness, and they too will begin to speculate.

Co-parenting starts the day the decision is made to divorce has
been made. Even the most amicable divorces need a plan for future co-parenting.
Putting your children's best interests first, no matter how much you may dislike
their other parent, is the key to co-parenting.

The first thing you must
do is decide if you and your spouse are able to talk about co-parenting after
the divorce. If you feel you can, that is great. The strongest agreements will
come from the two of you. However, if you cannot talk about co-parenting,
don't!! Let professionals such a mediators and therapists, assist both of you
with co-parenting discussions. This is too important an issue to not be done the
right way.To continue viewing this article by Brian James please click the link below:http://www.divorcehq.com/articles/coparenting_after_divorce.shtmlFor more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at http://www.familylawmarin.com/
--

Renee Marcelle has also received extensive training in the area of Collaborative law. She is a member of the International Academy of Collaborative Professionals, as well as Integrative Mediation Marin. She attends regular Collaborative law training events in addition to monthly meetings.

Collaborative divorce law can be defined as a family law process wherein the two
parties agree to avoid court proceedings and avoid any threats of litigation.
The parties attempt to reach a fair settlement by way of a series of meetings,
including each party and their lawyer.
Early participation by attorneys allows the participants and their attorneys
to use the more positive and effective aspects of good lawyering not often seen
in proceedings involving litigation, court intervention and even mediation, such
as:

Critical and rational analysis,

Creative and thoughtful problem solving,

Generating multiple options for settlement,

Maintaining a positive and cooperative environment for settlement, and

Building a foundation for co-parenting, financial security and positive
future interactions.

There are many reasons to consider mediation when encountered with a divorce
situation. Compared to traditional litigation, Mediation is fast, confidential,
fair, and more cost effective. In contrast, lawsuits can sometimes take many
months, or even years, to resolve which tends to be extremely stressful and
emotionally draining. The number of mediation sessions varies depending on
each individual case, but the main goal of these sessions is to create a
parenting plan that serves in the best interest of the children. If no agreement
is reached over the course of the mediation process, and it appears that further
sessions will not be productive, the case is likely to be referred back to the
court for a hearing wherein the judge makes a decision regarding the most
appropriate parenting plan.

The common goals of family law mediation include:

Assisting parties in maintaining a smooth transition throughout the marital
separation process,

Assisting clients in overcoming the emotional and legal obstacles they may
encounter during divorce, including those involving child custody, visitation,
division of assets, support payments, relocation and devising an appropriate
parenting plan,

Improving the family structure and dynamics through appropriate
communication, and

Serving as a neutral third-party between the parties and the legal system by
preparing and filing all necessary judicial paperwork.

Renee Marcelle is highly skilled in assisting parties with mediating their dissolutions. She has completed over 40 hours in mediation training and 16 hours in advanced mediation training.

No married couple dreams of ending their marriage in divorce. Yet, it is believed that 40%-50% of first marriages in the United States end divorce. It is also estimated that majority of divorce petitioners are women. The most common reasons while women file for divorce are infidelity, incompatibility, personality problems, physical abuse, and lack of communication. Divorce is a stressful process. Not to mention its effect on the lives of children.

Divorce provokes a more regressive behavior in children. It also induces the feeling of insecurity, anxiousness, and aggressiveness. Aside from that, children of divorced parents also suffer from low self-esteem, depression, and emotional pain. Divorce can affect the academic and social skills of children. Child custody is another part of divorce that negatively affects children.

Monday, February 4, 2013

Renee
Marcelle completed the requirements for Court Appointed Minors Counsel per the
California Rule of Court rules 5.242(c) and 5.242(f) on 3-10-09 and updates the
designation with additional training on an annual basis. Representation of a child in custody and visitation proceedings
requires knowledge of the various stages of child
development; communicating with a child at various developmental stages
and presenting the child's view in court; recognizing, evaluating and
understanding evidence of child abuse and neglect, family violence and
substance abuse, cultural and ethnic diversity, and gender-specific issues; the
effects of domestic violence, child abuse and neglect on children; and the ability to work effectively with multidisciplinary
experts.

About Me

Renee Marcelle has practiced law since 1983. Renee was admitted to practice law in Virginia in 1983 and California in 1988.
Prior to starting her practice in family law and dissolution, Renee was a seasoned corporate lawyer and real-estate professional. This background enables her to synthesize her knowledge of corporate law, mortgage banking, finance, and real-estate development, into family law.
Experience in the practice of law is crucial to the success of a client’s case, but in addition to Renee’s outstanding experience, she also has strong negotiation skills, extensive financing abilities, and she possesses an understanding of business valuation models, all of which applies to various aspects of family law and dissolution.
Renee’s extensive skills and twenty-five years of experience allow her to be specifically effective in representing professionals, executives, business owners, and high income individuals whom often have special challenges during dissolution.
Renee provides clients the high level of expertise that they deserve.

Dawn Miller: Paralegal/ Office Manager

Dawn Miller has been a Legal Assistant and the Office Manager for the Law Offices of Renee M. Marcelle since July of 2004. She maintains a high level of client contact assisting in all aspects of preparing a case; beginning with the initial filing of documents through the date of trial, including discovery requests, expert review and analyzation of discovery responses and fact investigation, thereby saving the client money. Dawn has worked in the area of family law since 1993, upon her graduation from the Legal Secretary Program at Empire College of Law. Dawn especially enjoys her job at the Law Offices of Renee Marcelle and hopes to continue providing a high level of service to the firm and it's clientele for many years to come.